Janjali Rai @ Jangali Rai @ Jaijali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75330 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== JANJALI RAI @ JANGALI RAI @ JAIJALI RAI S/O RAMJANAM RAI @ RAM JANAM RAY Resident of village- Diwantok Ward No- 6, P.S.- Gangabridge, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(1), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 420 litres of country made liquor from Bolero pick-up van and driver namely, Sonu Kumar was apprehended on spot who disclosed the name of the petitioner as one of his associates. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been

Patna High Court CR. MISC. No.75330 of 2022(2) dt.20-01-2023 2/2 disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 17.10.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court (second)-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Excise P.S. Case No. 134 of 2022.

(Sunil Kumar Panwar, J) sushma/- U